"An ordinance providing for the regulation and control of the
subdivision of lots and the development of land; the approval of plans,
plots, or replots of land laid out in building lots; standards for
the design of streets, intersections, lots, easements, blocks and
other improvements; certain minimum improvements and construction
standards on all streets and required dedications; the administration
of this ordinance by the Weisenberg Township Planning Commission and
the Weisenberg Township Board of Supervisors; and penalties for the
violation of this ordinance."
This chapter shall be known and may be cited as "The Weisenberg
Township Subdivision and Land Development Ordinance of 2000" or, when
it is clear from the context, the "Township SALDO."
The purpose of these regulations is to create conditions favorable
to the health, safety, and general welfare of the citizens by assisting
in the orderly and efficient integration of subdivisions; ensuring
conformance of subdivision plans with the public improvements plans
of the Township; ensuring sites suitable for building purposes and
human habitation; facilitating the efficient movement of traffic and
avoiding traffic hazards and dangerous intersections and congestion;
securing equitable handling of all subdivision plans by providing
uniform procedures and standards; improving land records by establishing
standards for surveys and plans; safeguarding the interests of the
public, the homeowner, the subdivider and all municipalities; preserving
natural and historic features; and carrying out the goals and objectives
of the Comprehensive Plan and the Municipalities Planning Code (MPC).
The Township shall maintain written records of the findings
and/or action and recommendations of the Planning Commission and decisions,
determinations and conditions of approval or denial made or imposed
by Board of Supervisors regarding all subdivision and/or land development
plans. Such records shall be available to the public for review. The
recommendations of the Planning Commission with respect to conditions
of approval shall be provided to the Board of Supervisors prior to
any meeting of the Board of Supervisors at which the proposed subdivision
and/or land development is considered.
Decisions of the Board of Supervisors may be appealed in accordance
with the MPC, as amended.
Neither the approval nor the granting of any building permit,
site plan review, subdivision approval, land development approval,
zoning permit, erosion review, stormwater runoff review, wetland delineation
or high water table review, wetland review, floodplain review, steep
slope review, or any other review or permit of this chapter, involving
any land governed by the provisions of this chapter, by an officer,
employee, consultant, or agency of the Township shall constitute a
representation, guarantee or warranty of any kind by the Township
or its employees, consultants, officials, or agencies of the practicality
or safety of any structure, use, or subdivision and shall create no
liability upon, nor a cause of action against, any Township body,
consultant, official or employee for any personal injury or property
personal injury or property damage that may result pursuant thereto.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B. The Board of Supervisors hereby declares that it would have passed
this chapter and each section or part thereof irrespective of the
fact that any one or more sections or parts thereof be declared invalid.
[Amended 3-11-2002 by Ord. No. 02-02]
All other Township ordinances or parts thereof that were adopted
prior to this chapter and are clearly in conflict with this chapter,
including the preexisting Weisenberg Township Subdivision and Land
Development Ordinance, as amended, except any provisions that are
specifically referenced by this chapter, are hereby repealed. However,
previously adopted stormwater management ordinances adopted pursuant
to Act 167 of 1978, 32 P.S. § 680.1, et seq., as amended,
are specifically not repealed and remain in effect.
The provisions of this chapter that only repeat, summarize,
or reference provisions of the MPC shall be deemed to be automatically superseded and replaced
by any applicable amendments to such provisions of the MPC at the
date such amendments become effective as state law.
See Article
IV regarding the requirements for a land development.
The applicant or his/her duly authorized representative shall
attend the Commission and Board of Supervisors's meetings to discuss
the filed plans. If the applicant fails to appear at a meeting where
the plans will be considered, it may result in tabling or disapproval
of the plan if the Township determines that it lacks sufficient information
to render a decision.